5Interpretation

5 Interpretation

(1) In this instrument:

Act means Radiocommunications (Spectrum Licence Tax) Act 1997.

Designated Spectrum Licence means a spectrum licence issued under Part 3.2 of the Radiocommunications Act 1992, other than the following:

(a) a spectrum licence issued to:
(i) a Department of State of the Commonwealth of Australia; or
(ii) an Executive Agency established under section 65 of the Public Service Act 1999; or
(iii) a Statutory Agency within the meaning of section 7 of the Public Service Act 1999;
(b) a spectrum licence issued with one or more conditions that require the licensed spectrum to be used only for the provision of a television outside broadcast service;
(c) a spectrum licence issued with one or more conditions that require the licensed spectrum to be used only for the provision of rail safety, rail operations or rail control.

EME Component, for a spectrum licence, means the amount calculated in accordance with Schedule 2.

Main Component, for a spectrum licence, means the amount calculated in accordance with Schedule 1.

Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:

(a) ACMA;
(b) initial holding date;
(c) spectrum licence;
(d) tax.

Note 2: Other expressions used in this instrument may be defined in a determination made under subsection 64(1) of the Australian Communications and Media Authority Act 2005.

Note 3: For the definition of Designated Spectrum Licence, see the Australian Communications and Media Authority (Modifications to Apparatus and Spectrum Licences Taxes) Direction 2020. That direction can be accessed, free of charge, on the Federal Register of Legislation at www.legislation.gov.au.

(2) In this instrument, a reference to a part of the spectrum, a frequency band or a frequency range includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.

Note: This means the lower number in the reference to a part of the spectrum, a frequency band or a frequency range is not included in the part of the spectrum, the frequency band or the frequency range.